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WritersFarah Fathurrahmi

Nisrina Nadhifah RahmanRei Firdha Amalia

Ahmad Masihuddin

Editor and supervision: Haris Azhar

Chrisbiantoro

Photos: Kabul Hendrawan

Cover design and layout:JJ Adibrata

Published by KontraSJl. Borobudur No. 14 Menteng Jakarta Pusat 10320

March 2014

Published with the cooperation:

Printed by: KontraS

Human Rights in Foreign Policy

Nabeel RajabPhoto: BCHR, 2012, Bahrain

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Human Rights issues have been prominently increased at the global level. After the end of Cold War, the fall of Berlin Wall (1989), human rights regime started to strengthen. Many authoritarian, despotic, corrupt and malicious government regimes (such as enforced disappearing people, genocide, etc) were fought against, forced to step down and being replaced.

The Vienna Declaration (1993) became a historical moment where human rights were argued but also acknowledged at the same time. Through the Vienna moment, human rights are universally acknowledged by balancing the local characteristics without reducing fundamental rights. Countries with various political regime backgrounds are demanded to promote human rights at any place, regardless the border, nationality, religion, ethnic group and other background. In other words, human rights are not only certain countries’ issues, but it becomes a global issue.

International relations, states’ foreign policies and international organizations, as well as the diplomacy activities become more important. Moreover, technology and communication are more advanced and the world is getting more and more densely populated. This means, ‘human’-oriented becomes more important.

This magazine is a single issue, with no serial, and is presented to trigger discussion on “Is there

any Indonesian foreign policy that prioritize and contribute to the promotion of human rights nationally and globally?”; to remind people that Indonesia has consitutional commitment to “participate in maintaining world order based on liberty, eternal peace and social justice”, and with the same spirit it decided to be bound as the UN members.

Foreign policies on human rights are not new issues in Indonesia. These policies move in two directions: firstly, Indonesia’s diplomacy to other international actor and countries on Indonesia’s human rights issues; secondly on the reverse direction, how Indonesia plays its parts in other country’s human rights issues.

ON the first part, during the New Order regime, Indonesia tend to apply counter fact and counter critics diplomacy especially on common human rights issues. Indirectly Indonesia also bargained with the western world as their compensation of befriending these countries that considered communists block as their mutual enemy. Therefore during New Order regime, foreign policies were not playing mechanical element in protecting human rights. Indonesia’s foreign policies would enter into negotiation and any issues can be resolved in diplomacy. Today even though Indonesian government still does a lot of diplomacy to other countries or international organizations, especially to the UN, in responding to human rights issues in Indonesia, this diplomacy is also equipped with meeting human rights mechanism at the UN as a form of their commitment of becoming one of the signing countries in some international treaties on human rights. In terms of content, in various reports, government always tries to present progress in human rights law in Indonesia and its institutions. These are the fruits—regardless of their quality—of political reform process in Indonesia. Secondly, Indonesia’s foreign policies on human rights violation that occurred in other places. They took up this role considering Indonesia’s position becomes more acknowledged in international forum. Other indicator is Indonesia’s economic growth that ranges

Editorial Notes:

Indonesia’s Foreign

Policies’ Challenges

in Promoting Human

Rights Haris Azhar, Kontra

S Coordinator

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between 4.5-6 percent for the past few years.

All of these are seen as economic security and

optimistic income. Indonesia is part of the G-20

countries—as an extension of G-8 countries

(developed countries). Indonesia becomes

the member of this group together with India,

Mexico, China, South Africa as representatives of

developing countries. Comparatively Indonesia

becomes one of the most important countries at

the regional level. Indonesia is considered to be

better than Myanmar or Laos or even Malaysia.

Many countries such as the US and European

countries have complimented Indonesia’s

progress in political transition and turned

Indonesia into their partner in promoting more

changes at the regional level. It is expected that

Indonesia will promote human rights in any

international approach or diplomacy for instance

in playing its part to help resolving human rights

violation that occurred in Burma through ASEAN

or providing its support to Marzuki Darusman

as UN Special Rapporteur on human rights

situation in North Korea.

From the brief overview above many call

Indonesia as one of the countries in New

Emerging Democracies (NED). NED are group of

countries that experienced economic growth—in

terms of market and production, [just recently]

have imperfect democratization, come from

Africa-Asia-Latin America, and still in the

process of developing their new political block

such as strengthening their economy that is

anti western domination, and developing their

strength in certain regional organization/block.

NED power could be productive and could also

be contra productive. In human rights spirit,

the question now is how influential Indonesia’s

position is —that becomes one of the NEDs—in

productively promoting human rights at the

domestic level or international level?

KontraS believes that democracy involves

participation and equality. Therefore civil society

should also play its part in these foreign policies,

and this is where KontraS plays its part as civil

society organization that has a lot of concern

over human rights enforcement, promoting the

voice of civil society to participate in human

rights issues especially in Indonesia’s foreign

policies; and to promote or provide sufficient

information on human rights violation that

occurred in other countries to Indonesian people.

We do believe that foreign policy is essential

for Indonesia’s democratization. Therefore to

strengthen people’s human rights perspective in

every global-scale issue is very important.

Our experiences in this field have

encouraged us to be more serious in

seeing this issue. Out critical notes—on the

above answers—are: firstly, Indonesian

government’s response is still stuck in

other issue such as religious, regional and

market economy solidarity; responses to

Burma, North Korea, Syrian and APEC

issues are concrete evidences. Secondly

we see that there is a non-synchronized

situation between promotions of human

rights by the Ministry of Foreign Affair

with other domestic institutions in

responding on human rights [violations]

in Indonesia. This situation has made

Indonesia’s diplomacy to be trapped in

‘cleaning up dirty laundry’ diplomacy

on cases and policies that violate human

rights. Some of the evidences that we

mentioned above are present in this

magazine.

Lastly, we consider the Ministry of Foreign

Affairs has not maximized the use of

international diplomacy as an intelligent

space for promoting human rights. This

situation is reflected on the Strategic

Plan of the Ministry of Foreign Affairs for

2010-2014, where it is stated there that

Indonesia is trying to increase its active

role in materializing the international

peace and security, promoting and

protecting human rights, including

humanitarian cooperation [only] through

multilateral forum. Unfortunately the

strategic plan that relates with promotion

and protection of human rights is not

well translated into multilateral strategic

cooperation for the period of 2010-2014.

Any progress on Indonesia’s foreign policy

and diplomacy on human rights becomes

a common problem that needs wider

participation from various groups, civil

society, academics and other entity. This

magazine is here to elaborate KontraS’

experiences in foreign policy issues to be

shared and discussed together towards a

more genuine and strategic role in meeting

the visions of the 1993 Vienna Declaration

or the UN Charter.

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Editor’s Note

1. Introduction: Indonesia’s Foreign Policy on Human Rights - What is Foreign Policy on Human Rights? - How is the Indonesia’s foreign policy on human rights at the international

level? - What is KontraS role as NGO?

2. Human Rights Issues at the National level and the role of International organization Mechanism

The United Nations - Indonesia’s Shadow Report for Human Rights Committee of the UN - Submission to the UN Special Rapporteur for the Rights on Housing - Urgent Appeals and Allegation Letter- Report of List of Issue and Shadow Report for the CESCR in Indonesia - Human Rights and Business Forum 2013

“Extra Territorial” Mechanism

- Tom Lantos Commission at the US Congress

3. Human Rights Issue in Indonesia and International Human Rights Movement

- ADPAN: STOP Death Penalty!- Asian Federation against Involuntary Disappearances (AFAD): Against

Impunity- Syria Campaign - Indonesian Government Rejection on Armament Trade Convention

4. Human Rights issue in ASEAN and Asia - The Impotent Regional Human Rights Institution of AICHR - North Korea, Omission of Severe Human Rights Violation - Questioning the Function of Bali Democracy Forum

5. Repression against Human Rights Defenders - Sombath Samphone, A human right activist who was forcedly disappeared

(Laos) - Forced Criminalization against Adilur Rahman Khan (Bangladesh)

6. Voicing the Global Concern in human rights in Indonesia - Photo Exhibition of International Human Rights Defenders [KontraS

Cooperation with FIDH]: Striving For Human Rights- 6th Regional Human Rights Conference: Regional Consultation on ASEAN

and Human Rights - National Seminar at the LIPI on East Asia - Conference on Human Rights and Policing in South East Asia Sub-Region

[KontraS Cooperation with Amnesty International]7. Foreign Policy Research in Promoting Human Rights 8. KontraS Invites nurul Izzah to Give Public Lecture in SeHAMA

Appendix:

9. Voicing for Justice: Support CSO Letter to the United Nations

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What is Foreign Policy on Human Rights?

The development of global issues after the end of Cold War have affected the course and output of foreign policies that not only focus on “high politics” issue such as the military and defense but also on “low politics” issues such as the environmental and human rights issues.

As an integral part of human security, human rights issues have been on the center stage of the world’s attention since the signing of Vienna Declaration and Action Plan in 1993 by 177 Countries. This declaration has become the new momentum in the status and advancement of human rights in the world where countries agreed that human rights are universal, indivisible, interdependent and interrelated. Therefore every country shall respect the human rights of their citizens regardless of their political system and economy policies.

The shrinking world as the result of globalization and interdependence makes a country’s foreign policy direction and output highly influenced by the dynamic geopolitical situation including on human rights. A good human rights record of a country will earn world’s appreciation, and a bad one will trigger negative reaction and even influence their relation with other countries. For instance the US will not give economic aid to country that is non-democratic and does not respect human rights. The countries in this world show strong reaction even interventions on indication of human rights violation in South East Asia and Middle East, and this shows that the issue is very urgent and will be the center of the world’s attention.

It is undeniable that foreign policy on human rights becomes more significant especially with globalization that continuously emphasizes on human security aside from state security. The belief that human rights security is one of the capitals for sustainable economic development will

influence the foreign policy’s direction and output in promoting human rights as part of their national interests.

How is the Indonesia’s foreign policy on human rights issues and cases at the international level?

Indonesia seems to pay serious attention to the promotion and protection of human rights at the global level, which is proven by Indonesia being elected as the member of United Nations’ Security Council for three consecutive period (2006-2007, 2007-2010 dan 2011-2014). Government of Indonesia is also actively involved and sending their peace corps under UN mission, and quite productive in ratifying important instruments of international human rights law. Ironically, the Government does not seem to show their seriousness in human rights protection at the national level, so it seems like the Government’s performance at the national and international level are

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two separate issues. One of the situations that describes the irony is when Indonesia stops its moratorium against capital punishment by de facto where this is actually against Minister of Foreign Affairs’ statement advising the Government of Indonesia to follow global human rights trend in reducing or even erasing capital punishment in Indonesia. The visit of Minister of Foreign Affairsto North Korea at the end of 2013 never touched upon human rights issues that occurred in North Korea, but his visit was more to economy and investment interests. The next contradiction is described in the implementation of international human rights law that has been ratified by Indonesia, for example the International Conventions on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT). KontraS praised government of Indonesia’s intention in promoting human rights at the national level by adopting international human rights instruments to strengthen national legal mechanism. Nevertheless having a good intention is insufficient; it will need a real implementation in accordance with the ratified international human rights law instruments. Indonesia has not yet achieved such condition considering the first review session of its first report on Civil and Political Rights in Geneva on July 2013. In its final conclusion the UN’s Human Rights Council stated that the 29 points of recommendations from the Human Rights Committee, which includes the fundamental freedom, past human rights violations that should have been resolved, and lack of understanding on the content of Conventions among the public officials in Indonesia that have made the implementation of the Conventions is not maximized or even worse.

Moreover, the Universal Periodic Review (UPR) especially the second cycle in 2012 also described how Indonesia is still in the spotlight and receives very sharp critics in regards to the lack of protection over fundamental rights such as the common human rights violation practices that happened to certain religious and minority faith groups, torture, the capital punishment etc. KontraS recorded that one year after the UPR recommendations, the government does not seem to be eager or serious in following up the recommendations. The indicator is clear as evident in high prevalence of violence against religious and faith minority group, and no affirmative actions are taken to overcome this issue. Other indicator is that the ratification of international conventions on the protection of all citizens against force disappearance is still unclear as of the early of 2014.

What is the Role of KontraS as NGO?

With the increased globalization stream, the non-state actors such as non-governmental organizations play very important role in promoting the national interest of a country either at the national or international level. Multi-track diplomacy is relevant in the development of international relation nowadays where the government is not the only actor that will play a part in resolving a conflict including the one on human rights aspect. As one of human rights organizations in Indonesia, KontraS also plays active role in promoting human rights at the regional and international level as well as to be involved in the international advocacy works. These efforts consist of raising international solidarity actions on human rights

issues at the international level that happened outside of the Republic of Indonesia’s region and to take existing international mechanism to overcome human rights issues that happened at the national level. International mechanism is important considering that national mechanism could not solely solve the problem. In international advocacy works, KontraS cooperates with the other International civil society organizations in building international solidarity network to tackle various human rights violations either at the national or international level, as well as to promote human rights ideas in various campaigns. Other cooperation that KontraS has with other international human rights organizations are:

- Forum Asia, Anti Death Penalty Asia Network (ADPAN) and World Coalition Against Death Penalty (WCADP) in international campaign against the use of capital punishment; - Asian Federation Against Involuntary Disappearances (AFAD) in the advocacy of forced disappearance cases; International Federation on Human Rights (FIDH) in writing report—such as the parallel report on the implementation of civil and political rights in Indonesia to be submitted to the UN Human Rights Committee and the report on implementation of Economy, Social and Cultural Rights; - The Solidarity for Asian People’s Advocacy Task Force on ASEAN and Human Rights (SAPA TFAHR) that focuses on the human rights mechanism in ASEAN through AICHR; - Asian Human Rights Commission (AHRC) in

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advocating human rights violation cases in Indonesia especially torture by composing urgent appeal or allegation letter.

All of the advocacy works that KontraS has been doing are showing their support to advance human rights and democracy globally, fairly enforce the law, and world’s peace.

are not effective. At the end of their conclusion, the UN Human Rights Committee has asked the government of Indonesia to provide sufficient information on the implementation of recommendations for forced disappearance in 1997/1998, the murder of Munir, the eradication of death penalty, and the Law Number 1 of 1965 on religious defamation within one year period. In this matter, KontraS asks the government of Indonesia to implement the UN Human Rights Committee’s Recommendations consistently within the set timeframe as well as by adhering to the principles of meeting the citizens and victims of human rights violation sense of justice.

Government’s Responses:Aside from the 2012 UPR’s recommendations, 2013 to the beginning of 2014 became Indonesia’s first year to implement the recommendations from the UN Human Rights Committee. This is very important for civil society to assess how far the government has protected its citizens’ civil and political rights. |A contradicting situation happened in October 2013. The UN Human

The United Nations (UN)

Shadow Report of Indonesia for the UN Human Rights Committee

The review session by the HR Committee has been completed in Geneva, Swiss on July 10-11, 2013. Based on KontraS direct observation, the Indonesian delegate has failed to address the questions posed by the UN Human Rights Committee members during question and answer session. Hence the reporting session to the human rights committee shows that there is lack of understanding and absence of civil and political rights promotion in Indonesia. This momentum KontraS plays active role in sending in the shadow report together with the International Federation for Human Rights (FIDH), which contains the state’s measures in protecting the civil and political rights. KontraS welcomes the UN Human Rights Council’s recommendations that have issued their concluding observations in 29 recommendation points, which ask the government of Indonesia to improve their measures in fulfilling the civil and political rights, including on severe past human rights violation such as the 1965-1966 tragedy, and the shooting of students in 1998 that have never been legally proceeded. In their conclusion, the UN Human Rights Committee states that the implementation of Convention of Civil and Political Rights has not been synchronized with the national regulation and there is an inconsistency with the convention. Committee also concludes that the law enforcement officers in Indonesia still have very low level of understanding on the convention hence the law enforcement measures in implementing this convention

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Rights’ Committee’s urge to solve past human rights violation has received no progress at all. Ironically in most prominent case of Munir during the trial Supreme Court granted the Judicial Review on the previous review that has sentenced Polycarpus 20 years imprisonment. With the granting of the request, Poly’s sentence will be reduced 6 years and he only has 14 years remaining sentence including his detention period. This bad news coming from the Supreme Court was worsened by no actions coming from the President, INP and the Attorney General’s Office of the RI. President does not prove what he has said earlier that Munir’s case is considered as the test of our history. The President did not do anything, he just kept the result of Munir’s case Fact-Finding Team’s investigation. While the INP does not continue the investigation to explore about the intellectual actor behind Poly, and the AG up to this day refuses to propose judicial review against a verdict that acquitting the BIN’s 5th Deputy Muchdi PR.

Submission to the UN Special Rapporteur on Adequate Housing

On June 3, 2013 KontraS submitted a report to the UN Special Rapporteur on Adequate Housing, Mr. Raquel Rolnik in his visit to Indonesia. The brief report contained perspectives, and facts from the general condition of housing and temporary shelter of survivors of human rights violation cases, social conflict or any type of violence that happened in Indonesia. In this report, KontraS elaborated some urgent issues on adequate housing among others are: a) housing condition as the impact of religious-based violence in Syiah Sampang community that had to be relocated in Sampang Sports Hall and have to lose their rights to adequate housing; b) adequate housing condition for victims of human rights violation in Poso and Papua; c) rights to adequate housing for victims of human rights violation in Timor Leste who are still living in the border of Indonesia; d) absence of recuperation for victims of human rights violation in 1965-1966 who were evicted from their own houses; and e) there are still survivors of Tsunami who have not been rehabilitated.

Individual Complaint through UN Mechanism

KontraS has utilized the existing international mechanism at the UN to advocate national cases that still have some serious impediments in the resolution at the local level. UN has provided the individual complaint mechanism, which is directed at the Special Rapporteur or Working Group on certain thematic issue. These Special Rapporteurs and Working Groups will follow up reports that meet the human rights violation criteria and provide recommendations for the government of Indonesia. There are two types of individual complaints sent by KontraS, which are: Urgent Appeal and Allegation Letter. KontraS has submitted at least 16 submissions from March 2013 to February 2014. At the end of February, KontraS has been communicating intensively with the Working Group on Enforced or Involuntary Disappearances on forced disappearance case of Dedek Khairudin.

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Submission sent by KontraS through UN Mechanism (March 2013-February 2014)

No Title Date

1

Allegation Letter to The United Nations Special Rapporteur On Extrajudicial, Summary or Arbitrary Executions Concerning : Extrajudicial Killing of Yusli 7 March 2013

2Submission: Special Rapporteur on Extrajudicial. Summary or Arbitrary Executions Regarding Cebongan Case

1 April 2013

3

Individual Complaint to United Nations Working Group on Arbitrary Detention to Intervene the Unlawful Arrest and Detention of Wildan Saputra

12 April 2013

4

Letter of Allegation concerning failure of the Government of the Republic of Indonesia to investigate the murder of Fuad Muhammad Syafruddin (“Udin”) 3 May 2013

5The Condition of Housing and Refugee Camp that Impacted or In Related to Serious Human

4 June 2013

6Rights Situations in Indonesia Allegation Letter regarding the Victim of Manipulation Case, Ruben Pata Sambo 17 June 2013

7

Submission: The Contradictive of Development Project in Indonesia; Its Relevance on the Safe Environment of Human Rights Defender 24 June 2013

8

Submission to UN Special Rapporteur on Adequate Housing Parallel Report To the Initial Report of Indonesia on the Implementation of the International Covenant on Civil and Political Rights (CCPR/C/IDN/1) [Shadow Report untuk persiapan sidang ICCPR]

8 July 2013

9Allegation Letter Regading Ill-Treatment to Skillet manufactory labour slavery in Tangerang, Indonesia 26 September 2013

10

Allegation Letter Concerning the Repressive Action by The Police Towards Labour Strike in Karawang and Bekasi, Indonesia. 30 Oktober 2013

11Allegation Letter regarding The Impunity and Justice Violations towards The Last Trial of Munir Murder Case Perpetrator 4 November 2013

12Submission : List Of Issue Indonesia, untuk CESCR Report [Joint Submission dengan FIDH] December 2013

13

The Needs of Urgent Actions against Mrs. Eva Bande, an Indonesian Human Rights Defender. Submission to Special Rapporteur on the Situation of Human Rights Defender 6 February 2014

14State’s Ommission After 25 Years of Talangsari Gross Human Rights Violation Case. 6 February 2014

15

Allegation of Human Rights Violations; Excessive Use of Force, Murder and Unfair Trial Committed by The Special Detachment 88 on Terrorist raid in Ciputat, of Banten Province, Indonesia

14 February 2014

16Enforced Disappearance against Mr. Dedek Khairudin By Indonesian Military Officer 19 February 2014

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Report on List of Issue and Indonesia’s Shadow Report for the CESCR Session

Indonesia will face a review session by the Committee on Economic Social and Cultural Rights on April 28-May 23, 2014. KontraS has submitted a report to the UN Committee on Economic Social and Cultural Rights (CESCR), which includes issues of violence and expropriation of land in natural resources sector, violence and criminalization against human rights defenders, restriction against CSOs, discrimination on access to employment experienced by the victims of 65/66 human rights violation victims, rights to have adequate housing for the Syiah Sampang refugees, and the rights to strike, which often ends with violence perpetrated by security officers or non-state actors. In the next CESCR session, Indonesia is required to respond human rights violation reports, the lost of livelihood and environmental destruction caused by development and extractive projects.

UN Human Rights and Business Forum 2013 From the data that KontraS compiled from 2001 to 2012, there has been 370 cases of violence in natural resources sector, which caused 74 people died, 104 people were shot, 615 people were arrested/detained, and 344 people were tortured/wounded. The perpetrators of these vicious acts were the local police, corporate’s security group, the military, and mobile brigade. These areas of violence are spread in some provinces (23 of 34 provinces) in Indonesia, which include: East, West, and Central Kalimantan, East, Central, and West Java, North and South Sumatera, Southeast, North and West Sulawesi, Riau, Lampung, East and West Nusa Tenggara, Jambi, Jakarta, Banten, Bengkulu, Aceh, West Papua, Bangka Belitung and Bali.

These violence happened in various sectors, such as: (palm oil) plantation, mining, agriculture, infrastructure, forestry, public facility and land. The forms of violence are grouped into some categories, which are: forced dissolution of mass, hitting, shooting, intimidation and criminalization.

On December 2-4, 2013, the KontraS Executive Coordinator Haris Azhar had the opportunity to attend the United Nations Forum on Business and Human Rights in Geneva. KontraS made some campaign material such as newsletter, which disclosed facts on business sector and their impacts on human rights in Indonesia and the profile of 20 companies that have violated human rights in their operation. The newsletter brought good responses from various groups in that international forum.

Tom Lantos Commission at the US Congress On May 18-24, 2013, KontraS with FIDH had series of meeting with the US Congress at the Washington DC. The testimonials from KontraS’s representatives highlighted two past human rights violation cases and human rights violation perpetrated by the armed forces. Aside from KontraS’s representatives, Octavianus Mote, the negotiator of Papua Peace negotiation, was also present to disclose the human rights condition in Papua. Octavianus asked the US Government urged Indonesian Government to amend the condition of human rights in Papua and do their responsibility to protect the people of Papua. In past human rights violation, KontraS’ representatives focused on two major cases that are still entangled by impunity, which are the Munir’s murder case resolution and the enforced disappearance in 1998-1999. Moreover, KontraS also highlighted the human rights violations that were perpetrated continuously by the Indonesian armed forces either by the Police or Military. Therefore in their meeting, KontraS stated to the US Government to urge the Government of Indonesia to: a) Issue report of investigation conducted by the Fact Finding Team for the murder of human rights Activist, Munir Said Thalib, which is still at the President’s hands and to follow up the recommendations; b) Implement four points of recommendations from the House of Representatives on enforced disappearance cases among others are: establishment of ad hoc Human Rights Court, search the 13 missing activists, rehabilitating and providing compensation for family of victims, and to ratify the Convention Against Enforced Disappearance. c) Condemn all forms of human rights violations perpetrated by the armed forces officers against civilians and to reform the police and military internally in order to make them more accountable, and d) Reform Indonesian penal court to reflect on international human rights norm standards.

Tom LantosSource: http://www.sfgate.com/bayarea/article/Lantos-dies-House-s-sole-Holo-caust-survivor-3228310.php

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The Government of Indonesia’s decision to take on death penalty is a regression. After the Indonesian government has done moratorium against death penalty by de facto for four years (2009-March 2013), the Government executed death penalty sentence against Ademi Wilson in March 2013. The statement from the Ministry of Foreign Affairs is not consistent with what the Government has done. The Ministry of Foreign Affairs stated that the Government will follow global human rights trend where many countries have minimized the use to death penalty through de facto moratorium or completely eradicate the death penalty, and this statement is not reflected in the reality.

Though there is no binding regulation on the definition of most serious crime, but in his report the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions stated that the use of death penalty should have been abolished for economic crime, drug-related cases, crime without victims, and morally related actions because they are not considered as serious/extra ordinary crime. KontraS standpoint as human rights organization is very clear that death penalty sentence has violated one’s right to live, and it is the main form of cruelty, inhuman and degrading to human dignity before the law.

On June 14, 2013, the KontraS delegation has actively involved in the 5th World Congress Against Death Penalty in Madrid, Spain, and has brought issue of death penalty against Ruben Pata Sambo, a defendant in the murder of Andrias Pandin family on December 23, 2005 in Tana TOraja, where there are formal violations against legal proceeding, which affect the quality of material truth and indication of orchestrated case. This particular case of death penalty has also taken the available international mechanism at the UN through individual complaint and urgent appeal on death

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penalty against Ruben, which is allegedly conducted in unfair trial. The local campaign on the case has also been done through the public lecture at the School of Social and Political Science at the University of Padjajaran in commemorating the World’s Anti-Death Penalty Day on October 10, 2013.

Asian Federation against Involuntary Disappearances (AFAD)KontraS is a member of AFAD (Asian Federation Against Involuntary Disappearances),a regional organization that fights for the forced disappearance cases either that happened in the past or the ones that happened recently. In September 2013, KontraS together with AFAD helped the advocacy of SHui Meng to the Government

of Indonesia. Shui Meng is the wife of Sombath Samphone, the victim of forced disappearance who is also a citizen of Laos.

KontraS and AFAD support the resolution of other cases such as the arbitrary detention against Mahmudur Rahman, editor of Bangladesh daily, Amar Desh. KontraS also condemns any form of torture under the police custody that happened to him, and urges the Prime Minister Sheikh Hasina and his administration to investigate, be responsible and provide necessary medical treatment for Mahmudur Rahman.

Meng Shui in action at Kamisan 320th in front of the palace of Indonesia, September 2013Source: Doc. KontraS

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Syrian Campaign Syria is one of the countries that is hit badly by the instability of their internal politic. On September 2013, 15 countries have approved the 2118 Resolution for Syria that agreed on the UN Mission with the Organization for the Prohibition of Chemical Weapons (OPCW) to destroy the chemical weapons in Syria as the initial step to avoid more casualties. This weapon destruction program will continue until the middle of 2014. Other progressive measure from the International community is the organization of the 2nd Geneva Conference, which was attended by the conflicting parties, the representative of Syrian government officials, and the opposition. 2nd Geneva Conference was initiated by the UN, and the two diplomats from two countries: the US (John Kerry) and Russia (Sergei Lavrov). However, the 2nd Geneva Congress, which was organizaed in Swiss on January 22, 2014, did not result anything maximal. The two conflicting parties only accused each other. The government stated that the opposition is being immature, while the opposition stated that the bloodshed that occurred was because the government was reluctant to transfer the power.

KontraS Response:KontraS organized a peace rally in the front of the US Embassy in Jakarta, and delivered the letter to them and the Directorate General of Middle East at the Ministry of Foreign Affairs in Indonesia. KontraS did this to condemn US Military intervention in Syria and urged to open medical access for the Syrian people. We also made an online petition campaigning through social media and other form of support.

Moreover after the 2nd Geneva Conference was over, which was also attended by the Minister of Foreign Affairs of the Republic of Indonesia, KontraS tried to remind and encourage the follow up of the Minister’s statement: “We all have to ensure that from this moment forward, all efforts to peace and political resolution in Syria have to be maintained.” However, to this point the Ministry of Foreign Affairs of the Republic of Indonesia has not issued any responses on the roles and strategies of Indonesia in following up the Post 2nd Geneva.

The Response of the Government of Indonesia: Indonesia has always emphasised on the importance of stopping the acts of violence and supporting the political process in Syria hence people’s aspiration will be respected. Indonesia is certain that diplomacy has to be promoted in solving conflict, including Syrian Conflict.

In the 2nd Geneva Conference, Indonesia urged the Conference to emphasis three main messages from the international community, which are: 1) Syrian Conflict cannot be solved with military solution, but through comprehensive and inclusive political solution; 2) to end the armed conflict violence should be prioritized and is the key to stop the humanity tragedy in Syria; 3) humanitarian aid should be channeled to the civilians.

Rejection action of American Military Intervention to Syria, August 17, 2013Source: Doc. KontraS

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The Government of Indonesia’s Rejection on the Arm Trade Convention

KontraS regrets the Indonesia’s abstain in the Arm Trade Treaty on March 18-28, 2013 in New York, and responds this issue by sending an open letter and conducting dialogue with the representatives of Directorate of international Security and Disarmament of the Ministry of Foreign Affairs of the Republic of Indonesia, which contains objection on “passive action of Indonesia”. The cross national convention of

the arm trade can be a preventive measure to prevent the traded arms to be use to harm humanity.

There are 154 countries that support this treaty, where 3 countries bluntly rejected the convention (North Korea, Syria, and Iran) and 23 other countries were abstain, including Indonesia. 23 countries are countries that are prone to human rights problems in the country, for example Myanmar, Srilanka, Sudan, and Egypt. Indonesia’s abstain position reflected the fact that Indonesia does not have the commitment to promote human rights universally.

Arms Trade Treaty is a way to control countries like Indonesia for not using the fire arms or other weapon for purposes other than the ones that have been regulated and permitted. Positively this treaty is a gateway to promote human rights at the national level. In the treaty, there will be articles to protect rights of civilians from abuse of arms perpetrated

by the state or non-state actors such as using them for genocide, crimes against humanity, war crime, or terrorism.

.

Source: http://blog.amnestyusa.orgAmnesty activists descended on Times Square the week before Arms Trade Treaty talks began in New York. © Bob Scott

Source: http://www.voanews.comActivists campaigning for a global arms trade treaty hold placards during a protest in New Delhi, India, Sept. 13, 2006.

Source: http://www.oxfam.org/en/pressroom/pressrelease/2012-07-28/battle-arms-trade-treaty-continues-governments-opt-delay-final-dea (28 Juli 2012)

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The Impotent Regional Human Rights Institution (AICHR)

ASEAN as the regional organization of countries in South East Asia, which has been established since 1967, only paid serious attention to human rights issues for the last 20 years since the ASEAN Ministerial Meeting in 1993. However the momentum for the establishment of regional human rights institution only presented when the country members formulated the ASEAN Charter in 2007, where in Article 14 it requires the establishment of ASEAN Human Rights Council. After series of negotiation the ASEAN Inter-governmental Commission on Human Rights (AICHR) was established in July 2009.

However even though in the AICHR’s terms of reference an article that mentions human rights protection exists, AICHR still does not have the authority to urge for protection of human rights in the region especially in handling human rights violation that happened in Thailand, Cambodia and Myanmar.

This restriction is because the primary principle

of ASEAN is non-interference and consensus, which makes AICHR’s mandate on protection weak. With the principle of non-interference, it will be difficult for AICHR to investigate further or to collect comprehensive information on human rights situation in ASEAN country members. As well as the principle of consensus that hampers AICHR in responding on human rights crisis that happen in the region because the principle of consensus requires an agreement from 10 representatives of ASEAN

country members to take one action.

These two principles are no longer relevant for a regional human rights organization to take real measure, respond swiftly, and tackle human rights violation or crisis in the region. How can AICHR take real measures when the two principles exist and have to be implemented with no exception? It’s impossible.

There are some points that should be renewed in the AICHR’s TOR, among others are: a) ensuring transparency and openness in the selection and appointment of AICHR’s representatives; b) collaborate with human rights institutions at the national, regional level or even international level, which is reflected in the routine consultation and meeting; c) accountability of AICHR institution and its representatives; d) precautionary measures and complaint mechanism for human rights violation ; e) creating other alternative in decision making mechanism should AICHR is unable to reach a consensus.

At the end of January 2014, AICHR and Indonesia disseminated guideline on the relationship between the AICHR and the civil society organization. This guideline includes definition of civil society organization that can have consultative state, standard of competency and mechanism for the consultative status.

However, there are still a lot of things that should be underlined in guideline that is now being disseminated to all members of ASEAN. Firstly, there is no separated definition or procedure that applies to National Human Rights Commission (KPAI, Komnas HAM, and Komnas Perempuan) and civil society organization. Secondly, there is an unclear definition and form of consultation that AICHR will do to civil society organization. Thirdly, the screening panel that will select the appropriateness of the civil society is still unclear whether it will be an ad hoc panel or permanent council. Fourthly, AICHR should be more than just a consultative forum, it should serve also as coordinative function to the civil society organization.

KontraS also criticizes the AICHE’s performance that has not met the accountability principle where their annual report is not widely disseminated but rather kept in Ministry of Foreign Affairs bookshelf.

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North Korea, Omission of Severe Human Rights Violation On March 21, 2013, the UN has established an inquiry team for severe human rights violation case in North Korea on the 22nd session of human rights Council, in which the members are Michael Donald Kirby, Sonja Biserko, and Marzuki Darusma, who is the UN Special Rapporteur for North Korea. On September 2013, this inquiry team presented the result of their investigation, which stated that the human rights situation in North Korea is the “unspeakable atrocities”, and it will need to have pressure from international community, and openness or accountability of the North Korean government to stop the severe human rights violation and occurred in the country. According to the UN’s report, there are 150,000 people that are being relocated at the prison camp as political prisoners as the consequences of their actions, which were against the ruling regime and they were forced to work beyond humanity and tortured inhumanely.

KontraS Responses: An urgent letter also signed by the Forum Asia, Komnas

Perempuan, P2p LIPI and Imparsial to the Ministry of Foreign Affairs to take on active diplomacy has been sent on March 7, 2013. While at the national level, a campaign with the North Korean Human Rights institution has also been launched by inviting two victims of years of atrocities in North Korea but managed to escape to South Korea and earn an asylum there, which are Hye-sook Kim and Myung-sook Lee. We also conducted meeting with the Komnas Perempuan and organized a public discussion attended by the victims of human rights violation in Indonesia, public lecture in Universitas Al-Azhar and media visit to the Jakarta Post.

Government of Indonesia’s Responses:The government of Indonesia finally supported the UN Human Rights Council’s resolution on March 2013 to establish investigation team on severe human rights violation, on the alleged crime against humanity perpetrated systematically and/or widespread in North Korea. This is a progress, considering that before that Indonesia was abstain in UN session on November 2012. This abstain was taken by Indonesia because there is a lack of mutual dialogue during the UN resolution decision voting for North Korea. What Indonesia meant by mutual dialogue was that the North Korean government agreed to accept the resolution proposed by other countries.

Photo: North Korea strongly denies allegations of human rights abuses.Reuters: Jacky Chen

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Some illustrations of serious human rights violations in North Korea

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Questioning the Function

of Bali Democracy Forum

KontraS made an open letter sent to

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On December 15, 2012 Sombath Somphone a civil society figure in Laos who was the co-chair of 9th Asia-Europe People Forum in October 2012 was kidnapped in front of the police department in Vientiane City. Sombath Somphone has not been included in Interpol’s missing persons database though the Government of Laos on March 2, 2013 stated that they had informed the Interpol.

KontraS Response:KontraS took part in the international solidarity action as a protest for the Government of Laos to be responsibility for the missing human rights activist Sombath Somphone and repatriate him back. The first action was ‘telettax’, which was done on the 100th day of his missing on March 24, 2013, KontraS asked the community through social media to send fax, make a phone call or send a message in any form to the Embassy of Laos massively with the content “it has been 100 days: Where is Sombath?”. The second action was on the 6th month and also to participate in the international solidarity act in the Philippines by sending one e-mail for one mourning candle for Sombath.

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Up to today, Adilur Rahman Khan, a human rights defender, who is also an advocate working for the Bangladeshi Supreme Court, is under the close surveillance of Special Branch of Police (SB) of the Government of Bangladesh. Moreover other human rights defenders who are in close contact with the Odhikar (local human rights organization) all over the country are under close supervision by the intelligent agencies. Prior to that on August 10, 2013, Adilur Rahman Khan was arbitrarily arrested because he worked on human rights related field. He allegedly violated the national law on information and communication technology because he issued the fact-finding report of Odhikar (human rights organization where Khan worked), which was allegedly fake on the killing of 61 persons by the security group during demonstartion by the Hefazat-e-islami in Dhaka on May 5-6, 2013.International Community has urged for the release and revocation of the indictment against ADilur Rahman Khan. In this case, UN through its OHCHR spoke person Liz Throssel has urged the Bangladeshi government to guarantee the physical and psychological well being of Khan whose arrest might has been related to his work.

KontraS Responses: Together with the international solidarity,

KontraS also partook in urging for the release of Adilur Rahman Khan who was

arbitrarily arrested by state’s actor. Together with the international network, we submitted the urgent appeal for the release of Adilur to the government of Bangladesh in Dhaka and also expressed our concern to the Bangladeshi Embassy in Indonesia.

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Photo Exhibition of International Human Rights Defenders [Collaboration of KontraS with FIDH]: Striving For Human Rights

On September 5 – 9, 2013, KontraS collaborated with the International Federation for Human Rights (FIDH) in organizing the photo exhibition of the human rights defenders with the theme “Striving for Human Rights”. This exhibition was organized for 5 days at the Melly Garden’s Gallery in Kebon Sirih, Jakarta. The exhibition that exhibited 25 photographs of human rights defenders from various countries including Indonesia was organized to commemorate the 9th year of the death of Munir Said Thalib and to respect the struggle of human rights defenders every where as their commitment to uphold the human rights principle. The photo exhibition was officially opened on September 5, and was open for public until September 9, 2013. Of the 25 photos exhibited in the exhibition are Munir, Widji Thukul, Udin (journalist), Rev. Palti Panjaitan, Tama S. Langkun, Aisyah (woman warrior from Kontu-Muna) and other figures. While the international human rights defenders are Adilur Rahman Khan (Bangladesh), Nabeel Rajab (Bahrain), Sombath Somphone (Laos), Hilaria Supa Huaman (Peru), and etc. This exhibition was attended by human rights defenders from Indonesia or abroad such as Souhayer Belhassen (former FIDH president), Suciwati (wife of the late Munir Said Thalib), and Anwar Sadat (Director of Walhi in South Sumatera), and Olga Hamadi (KontraS Coordinator in Papua), as well as the wife of Sombath Samphone, Shui Meng, who was in Jakarta for advocacy purpose to the government of Indonesia to help her in returning her husband from the forced disappearance in Laos.

Nasrin SotoudehPhoto: Kaveh Rostamkhani, 2013, Teheran, Iran

Mothers of May SquarePhoto: Pierre-Yves Ginet, 2006, Buenos Aires, Argentina

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Dorothy StangPhoto: Sisters of Notre Dame de Namur, Anapu, Brazil

YormbophaPhoto: Cambodian League for the Promotion and defence of Human Rights (LICADHO), 2013, Phnom Penh, Cambodia

Somyot PrueksakasemsukPhoto: Prueksakasemsuk family photo album, 1995

French Migraint RightsPhoto: FIDH, 2009, Paris, France

Bishop Christopher SsenyojoPhoto: Pete Muller, 2013, Kampala, Uganda Israeli Pacifists

Photo: Pierre-Yves Ginet, 2003, Tel Aviv, Israel

Ales BialitskiPhoto: Julia Darashkevitch, 2007, Minsk, Belarus

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6th Regional Human Rights Conference on ASEAN and Human Rights

KontraS and Forum Asia jointly collaborated to organize the 6th Regional Human rights Conference in Jakarta on October 1-2, 2013. There were 80 participants from more than 59 organizations in or outside ASEAN region to discuss about various issues and strategies to make the AICHR more effective, a human rights mechanism at the ASEAN region. Two main issues that were discussed during Conference were on the revision of Terms of Reference, which should have been started in 2014, and on business and human rights in ASEAN. The 6th regional consultation concluded that the analysis on AICHR TOR should be done in transparent manner by involving civil society, and should also have independent financial resource and secretariat to emphasis and strengthens the existence of that institution. Indonesia held important role after finishing its task as the ASEAN chairman in 2011 and participated in providing solution for problems in this region. It is time for Indonesia to bear bigger responsibility for advancing human rights values and democracy in ASEAN.

Source: Doc. KontraS

Ales BialitskiPhoto: Julia Darashkevitch, 2007, Minsk, Belarus

Hilaria Supa HuamanPhoto: Pierre-Yves Ginet, 2006, Anta, Peru

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KontraS had the opportunity to present human rights issues that occurred in East Asia Region in seminar on International Politic Development “Security Threat and Conflict Resolution in East Asia”, which was organized by the Lembaga Ilmu Pengetahuan Indonesia (LIPI) on November 27, 2013.

As a human rights snapshot in East Asia, there are at least three areas of human rights violation that often occurred, which are the ones related to civil liberty, social justice, especially on economy and social rights, and discrimination against minority group. These three areas are important substances in various convention or international convention in Human Rights.

KontraS cooperated with Amnesty International in organizing a conference with the theme Policing and Human Rights Sub-Area of South East Asia on November 19 to 20, 2013 in Jakarta. The civil society activists and human rights advocates from Indonesia, Malaysia, Philippines, Thailand, and Timor Leste demanded for effective accountability mechanism to face various forms of violation of the law and human rights perpetrated by the Police in their countries.

This conference was aimed to understand challenges or progress in police reform in South East Asia, to map the human rights violations that are related with the police performance, and to understand the violations that they did, to understand further about internal and external mechanism to the police for police accountability, to share experiences in works related to the police and also to expand network with other institutions that also work with police and to increase the capacity. This conference was attended by more than 20 relevant institutions in Indonesia and also in South East Countries.

National Seminar at LIPI on East Asia

Conference on Policing and Human

Rights Sub-Area of South East Asia

[KontraS cooperation with Amnesty International]

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On March 10-18, KontraS organized the Foreign Policy Week on Human Rights, which is part of the research developed by KontraS on Indonesia’s foreign policies in human rights promotion. The event, in which the theme was “internalizing human rights issues into Indonesian foreign policy”, consisted of FGD, photo exhibition in five universities: Universitas Pelita Harapan (10/3), Universitas Al-Azhar (11/3), Universitas Indonesia (14/3), Universitas Paramadina (17/3), and Universitas Nasional (18/3).

KontraS invited resource persons from LIPI, Forum ASIA, and also academics on international relations to be the ‘trigger speakers’ in the FGD, which was attended by students from international relations department. Topics in the FGD, which was for about two hours, included the Government’s responses on various international humanitarian cases, among others on Syria, Rohingya, North Korea, and indonesia’s position in the global human rights trend to eliminate death penalty and its role to strengthen

the regional AICHR human rights institution. At every end of the FGD, the participants formulated recommendations for the government of Indonesia, especially the Ministry of Foreign Affairs to improve their role in supporting the advancement and protection of human rights either within Indonesia or abroad.

As part of the research, KontraS also interviewed some resource persons who are also experts on foreign policies and human rights; one of these persons was the former Minister of Foreign Affairs Dr. Hassan Wirajuda. Kontras met him on April 1, and Hassan Wirajuda shared his experiences and perspectives on Indonesia’s foreign policies in promoting the values of democracy and human rights. He also said that human rights diplomacy is important and should be done continuously by Indonesia, regardless of human rights situation in Indonesia, which has a lot of bad record. With good diplomatic relation with all counties and its position as the middle player in the global political constellation, Indonesia plays strategic role in promoting international human rights agenda.

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Source: August 23, 2013

Jakarta - The Commission for the Disappeared and Victims of Violence (KontraS) held an opening cere-mony of Human Rights School for University Students (SeHAMA) V 2013, which is followed by public lecture on “The Role of Youth Leadership in ASEAN’s Future Uncertainty,” whose one of the speakers are Nurul Izzah, the Member of Lembah Pantai Parliamentary, Malaysia.

“SeHAMA is an organization in which KontraS coop-erates with several foreign embassies such as Canada, and also Asia Foundation. It promotes human rights advocacy in Indonesia,” said the Coordinator of Kon-traS, Haris Azhar, in his office, Borobudur 14, Men-teng, Central Jakarta, on Thursday (22/8).

According to Haris, he intentionally invites Nurul izzah because she is known for her consistency in opposition. “She is brave since she was young, and she is also a parliament’s member who dares in voicing the truth. We invite Nurrul Izzah to share knowledge and thoughts on ASEAN and youth.”

Nurul Izzah highly appreciates the invitation she received. “I was given a title for the lecture through email, and I replied with English, even though we have similarities in language,” Nurul said while smiling.

Nurul gives her support on event like SeHAMA, because it promotes humanity values among young generation. Nurul also reminds the needs to protect courageous young generation, as it is also for the sake of a state.

“Students who are courageous in defending the truth have to be protected. Anti-corruption movements have to be emboldened. Only solemnity could bring chang-es,” Nurul said.

Meanwhile, Ega, a university student who is also member of SeHAMA, said to BeritaHUKUM.com that the students who participate in SeHAMA come from various provinces throughout Indonesia. “There are 25 students from across Indonesia like Aceh, Papua, Bandung, Cirebon, Jogja who join the activities in KontraS’ office.

KontraS Invites Nurul Izzah to Give Public Lecture in SeHAMA

Source: Doc. KontraS

Source: Doc. KontraS

Source: Doc. KontraS

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VOICE TO JUSTICE: Supports Civil Society Letter to the United Nations (UN)

The future of global development is being decided now. To build a better world, justice must be included

in the development goals. Make your voice heard by signing a statement insistence on the link below:

http://www.namati.org/justice2015 , or by sending an email to:justice2015@namati.org

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KontraS supports Open Society Foundations and Innovations in Legal Empowerment (Namati) to submit this respectful yet urgent call to the Member States of the United Nations to declare now that justice, the rule of law, and legal empowerment are essential principles in the new global development framework. Around the world, billions of people live without the full protection of the law. They are unfairly driven from their land, denied essential services, extorted by officials, excluded from society, and intimidated by violence. Their lack of legal protection is a source of repression and an affront to human dignity.

Legal empowerment means giving all people the power to understand and use the law to secure justice and meet basic needs.

In the decades since the 1950s, when paralegals in South Africa began helping an oppressed people resist apartheid, legal empowerment has challenged systems and traditions that entrench inequality and has grown into a global movement. Today, grassroots legal advocates in the Philippines are helping farmers participate in nationwide agrarian reforms. In Argentina, shantytown residents are pursuing legal remedies to bring clean water and other essential services to their communities. Similar endeavors, some of great scope, some modest, are unfolding worldwide.

Kami yang mendatangani pernyataan desakan ini, meminta negara-negara anggota PBB untuk menyatakan bahwa keadilan, supremasi hukum, dan pemberdayaan hukum termasuk dalam kerangka pembangunan global yang baru. Ini adalah kebutuhan mendesak dan potensi yang bersejarah.

LET’S MAKE ACCESS TO JUSTICE PART OF THE GLOBAL DEVELOPMENT AGENDA.

For legal empowerment to succeed, individuals must live in societies dedicated to justice and governed by the rule of law. The rule of law is defined by three principles: First, the law is superior to, and thus binds, the government and all its officials. Second, the law must respect and preserve the dignity, equality, and human rights of all persons. To these ends, the law must establish and safeguard constitutional structures necessary to build a free society in which all citizens have a meaningful voice in shaping and enacting the rules that govern them. Finally, the

APPEAL TO THE MEMBER STATES OF THE UNITED NATIONS

JUSTICE SHOULD BE INCLUDED IN THE POST-2015 DEVELOPMENT GOALS

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law must devise and maintain systems to advise all persons of their rights, and it must empower them to fulfill just expectations and seek redress of grievances without fear of retaliation.

Where legal empowerment efforts take hold, the results are visible and quantifiable. Women in Bangladesh who challenge the practice of illegal dowries are reporting greater cash savings. Due to the work of community based paralegals, grievances in Liberia are resolved more equitably, resulting in greater food security. And prisoners in Kenya have returned to jobs and families after successfully appealing their sentences.

Affirming that justice, the rule of law, and legal empowerment belong in the framework for global development requires no great shift. The United Nations and many member states have already recognized the importance of the rule of law and legal empowerment in the UN Millennium Declaration, in the findings of the Commission on the Legal Empowerment of the Poor (CLEP), and in two General Assembly resolutions. Additionally, the UN Development Programme, the World Bank, and UN Women all support legal empowerment programs in many parts of the world. The Global Legal Empowerment Network was formed in 2010 to implement the CLEP’s goal of using legal empowerment to advance development. As members and allies of that network, we advocate a post- 2015 agenda with justice, the rule of law, and legal empowerment as its guiding principles.

The Report of the High Level Panel of Eminent Persons (HLP) on the Post-2015 Development Agenda places strong emphasis on justice and the rule of law in recognition that these principles not only “help drive development,” but also “have their own intrinsic value.” The HLP report offers a platform on which the world should build. By concentrating on five priorities—access to information, legal identity, rights to land and property, legal participation, and legal services—the new framework can ensure that no one is left behind.

ACCESS TO INFORMATION:

People should know about the laws and regulations that govern their lives, particularly those concerning essential services. States should commit to disseminating simple and clear statements of law and policy. They should also grant people an enforceable right to information to ensure that laws and regulations are implemented effectively.

LEGAL IDENTITY:

Without state-issued identity documents, individuals may not be able to open a bank account, obtain a mobile phone, or secure the goods and services necessary to work and save for their families and their future. Government should ensure that access to legal identity is universal.

GUARANTEE THE PUBLIC’S RIGHT TO INFORMATION AND TO ACCESS GOVERNMENT DATA.

ENSURE NO ONE SUFFERS FROM A LACK OF SECURE LEGAL IDENTITY.

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Justice 2015

RIGHTS TO LAND AND PROPERTY:

Approximately three billion people around the world live without secure rights to what are often their greatest assets: their lands, forests, and pastures. Increasing demand for land is leading to exploitation and conflict. Giving communities the power to manage their land and natural resources would reduce poverty and promote sustainable development. Securing property rights to all individuals, including women, is necessary to improve financial stability and personal safety.

• INCREASE THE SHARE OF WOMEN AND MEN WITH SECURE RIGHTS TO LAND AND PROPERTY.

• INCREASE THE AMOUNT OF LAND FOR WHICH COMMUNITIES HAVE SECURE TENURE AND DECISIONS ARE TAKEN THROUGH AN OPEN AND ACCOUNTABLE PROCESS.

LEGAL PARTICIPATION:

All persons are entitled to shape the laws and policies that affect their lives. Just as communities should govern their land and natural resources, people should have a voice in how services like health care and education are delivered. Participation should not be limited to elections every few years. Citizens must have a role in shaping the fundamental, everyday work of their governments, which in turn have a duty to operate transparently and respond to the needs of their citizens.

LEGAL SERVICES:

Everyone should have access to fair, effective forums for resolving conflicts, for seeking protection from violence, and for addressing grievances with the state. Equitable administration of justice requires quality services from a broad range of institutions, including the police, the courts, administrative tribunals, ombudsmen, and customary authorities.

For people to have a fair shot when they approach those institutions, they need access to affordable legal aid services. Creative legal aid efforts, such as those that combine a small corps of public interest lawyers with a larger frontline of community paralegals, can seek effective solutions and engage the full range of justice institutions.

Civil society has a vital role in realizing all five of these goals. Public interest lawyers, paralegals, and other civil society actors have proven effective in helping people understand and use the law. In Jordan, advocates work with migrant women to recover salaries and passports unlawfully withheld by their employers. In Uganda, community based paralegals help communities in documenting their customary land claims, taking advantage of laws that were on the books but seldom used.

ENSURE THE PARTICIPATION OF CITIZENS IN MONITORING ESSENTIAL SERVICES, INCLUDING WATER, HEALTHCARE, AND EDUCATION.

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ENSURE ALL PEOPLE HAVE ACCESS TO JUSTICE INSTITUTIONS AND LEGAL AID SERVICES THAT ARE AFFORDABLE, FAIR, AND TIMELY.

The new development framework offers an opportunity to scale up civil society legal empowerment efforts. Governments can provide financing via autonomous bodies like ombudsman offices or public legal aid boards if the bodies genuinely respect civil society independence. Additional funding can and should come from international development agencies and foundations, as well as from client fees and contributions, however small, from those who receive legal services. A global fund for legal empowerment, moreover, could create a channel for multilateral cooperation.

There are practical ways to measure progress towards justice, and governments are making great strides in doing so. Ministries of justice already gather data on case volume and duration. National statistics offices often include questions about legal knowledge and legal access in their surveys.

But we can do even more. The High Level Panel calls for a data revolution driven by the new development framework. This opportunity must be seized to enhance data collection and analysis. Indicators can draw on diverse sources and can be adapted to country context. Data disaggregated by gender, ethnicity, and class can help governments to concentrate development efforts on those who need them most.

This opportunity to pursue what is right must be grasped. Deprivation cannot be defeated, nor can the threat of dispossession and exploitation be lifted, without legal empowerment. The world must know at once the urgency of its own survival. Respect for life and human dignity must be a common belief; tolerance must be a common bond; and law and justice must be a common purpose. We, the undersigned, thus call on the Member States of the United Nations to proclaim that justice, the rule of law, and legal empowerment belong in the new global development framework. The need is urgent. The potential is historic.

Jakarta, February 13th 2014

Haris Azhar

Coordinator

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